FCC Web Documents citing 73.7004

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • exclusive noncommercial educational television applications. The applications are hereby accepted for filing. See Mississippi Authority for Educational Television, 18 FCC Rcd 22727 (2003); and Iowa Public Broadcasting Board, 18 FCC Rcd 22730 (2003). Petitions to deny the applications listed below must be on file with the Commission not later than the close of business October 13, 2004. See 47 C.F.R. �73.7004. * * * * CLARKSDALE, MISSISSIPPI....CH *21 MISSISSIPPI AUTHORITY FOR EDUCATIONAL TV FILE NO. BPET-19960919KK FIN 83734 ERP (VIS): 759 kW; HAAT: 94 METERS; COORDINATES: 34-09-22 N 90-37-52 W ANTENNA: DIELECTRIC, TFU-25JSM AND DES MOINES, IOWA....CH *43 IOWA PUBLIC BROADCASTING BOARD FILE NO. BPET-19960508KE FIN 81907 ERP (VIS): 5000 kW; HAAT; 525 METERS; COORDINATES: 41-47-47 N 93-36-39 W ANTENNA: DIELECTRIC,
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  • provide a new first or second service to 10 percent of the population within its respective service area. However, AFA is the only applicant to assert that it is entitled to a first service preference. Based on AFA's submissions and calculations, it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 971114 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19971112MA) for a new NCE FM station in Valparaiso, Indiana. Petitions to Deny the tentative selectee are due within
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  • for a first service comparative preference. Next, we consider whether AFA or Family would provide combined first and second service to 5,000 more persons than the other applicant. AFA would provide a first or second service to 125,163 people (18,397 plus 106,766). Family would provide a first or second service to 93,231 people (15,496 plus 77,735). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 961208 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19970612ME) for a new NCE FM station in Jacksonville, North Carolina. Petitions to Deny the tentative selectee are due
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  • its proposed facility would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, Riverside qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than KSU. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Riverside as the tentative selectee. Group 971110 thus will not proceed to a point hearing. Accordingly, it is ordered that Riverside Youth and Rehabilitation Center, Inc. d/b/a Riverside Ministries, is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19971117MS) for a new NCE FM station in Newark, Ohio. Petitions to Deny the
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  • for a first service comparative preference, however, because it did not include with its 307(b) showing the number of people it proposes to serve with first service. Based on the applicants' submissions and calculations, it appears that CSSI is the only applicant to meet the new first service threshold, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify CSSI as the tentative selectee. Group 980110 thus will not proceed to a point hearing. Accordingly, it is ordered that CSSI Non-Profit Educational Broadcasting Corporation is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980122MB) for a new NCE FM station in Eastland, Texas. Petitions to deny the tentative selectee are due
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  • would serve Platteville, Wisconsin. Cascade is the only applicant to claim that it would provide a new first or second service to 10 percent of the population within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on Cascade's submissions and calculations, it appears that Cascade qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify Cascade as the tentative selectee. Group 980307 thus will not proceed to a point hearing. Accordingly, it is ordered that Cascade Community Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980319MP) for a new NCE FM station in Cascade, Iowa. Petitions to deny the tentative selectee are due within
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  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than Augusta. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 980309 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980319MI) for a new NCE FM station in Thomson, Georgia. Petitions to deny the tentative selectee are due within
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  • its respective service area, and therefore, that it is eligible for a fair distribution preference. However, Horizon is the only applicant to assert that it is entitled to a first service preference. Based on Horizon's submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Horizon as the tentative selectee. Group 980710 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Horizon Christian Fellowship of Indianapolis is accepted for filing. It is also ordered that Horizon Christian Fellowship of Indianapolis is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990311MS)
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  • combined first and second service to 5,000 more persons than the other applicant. Based on the applicants' submissions and calculations, ENFC would provide a first or second service to 184,859 people (2,037 first service plus 182,822 second service). PARI would provide a first or second service to 161,070 people (2,390 first service plus 158,680 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify ENFC as the tentative selectee. Group 970929 thus will not proceed to a point hearing. Accordingly, it is ordered that Eagle's Nest Fellowship Church is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980320MD) for a new NCE FM station in Harrington, Delaware. Petitions to deny the tentative selectee are due within
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  • its respective service area, and therefore, that it is eligible for a fair distribution preference. However, MEPI is the only applicant to assert that it is entitled to a first service preference. Based on MEPI's submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify MEPI as the tentative selectee. Group 980614 thus will not proceed to a point hearing. Accordingly, it is ordered that Marshalltown Education Plus, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19981231MC) for a new NCE FM station in State Center, Iowa. Petitions to deny the tentative selectee are due
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  • to provide a first or second service to 173,045 people (0 first service plus 173,045 second service). Community claims to provide a first or second service to 2,509 people (1,434 first service plus 1,075 second service). JC Radio claims to provide a first or second service to 69,982 people (0 first service plus 69,982 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NJPBA as the tentative selectee. Group 990808 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of New Jersey Public Broadcasting Authority is accepted for filing. It is also ordered that New Jersey Public Broadcasting Authority is TENTATIVELY SELECTED to be awarded a construction permit (File No. BNPED-20000303ABK)
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  • combined first and second service to 5,000 more persons than the other applicant. Based on the applicants' submissions and calculations, EMC would provide a first or second service to 70,421 people (0 first service plus 70,421 second service). EO would provide a first or second service to 11,332 people (0 first service plus 11,332 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify EMC as the tentative selectee. Group 980502 thus will not proceed to a point hearing. Accordingly, it is ordered that Educational Media Corporation is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980513MA) for a new NCE FM station in Spotsylvania, Virginia. Petitions to deny the tentative selectee are due within thirty
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  • however, because it did not include with its 307(b) showing the number of people it proposes to serve with first service. Based on the applicants' submissions and calculations, it appears that NTMF qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than the next best applicant. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NTMF as the tentative selectee. Group 980119 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of North Texas Music Foundation is accepted for filing. It is also ordered that North Texas Music Foundation is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980730ME) for a
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  • people it proposes to serve with a new second service, we next consider only whether NJPBA would provide a combined first and second service to 10 percent of the population (and to at least 2,000 people) within its propose 60 dBu. Based on NJPBA's submissions and calculations, it appears that NJPBA qualifies for a comparative preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NJPBA as the tentative selectee. Group 990310 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of New Jersey Public Broadcasting Authority is accepted for filing. It is also ordered that New Jersey Public Broadcasting Authority is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990730ME)
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  • eligible for a fair distribution preference. Only NCEB and State of Oregon assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that State of Oregon qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than NCEB. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify State of Oregon as the tentative selectee. Group 95077E thus will not proceed to a point hearing. Accordingly, it is ordered that State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19960417MD)
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  • its respective service area, and therefore, that it is eligible for a fair distribution preference. However, AFA is the only applicant to assert that it is entitled to a first service preference. Based on AFA's submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 9609R1 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19960924MF) for a new NCE FM station in Mart, Texas. Petitions to deny the tentative selectee are due within
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  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on AFA's submissions and calculations, it appears that AFA qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 960815 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of American Family Association, Inc. is accepted for filing. It is also ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19970417MA) for a
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  • service area, and therefore, that it is eligible for a fair distribution preference. However, the University is the only applicant to assert that it is entitled to a first service preference. Based on the University's submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify the University as the tentative selectee. Group 990802 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of the University of Oklahoma is accepted for filing. It is also ordered that the University of Oklahoma is TENTATIVELY SELECTED to be awarded a construction permit (File No. BNPED-20000118AER) for
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  • combined first and second service to 5,000 more persons than the other applicant. Based on the applicants' submissions and calculations, RBN would provide a first or second service to 23,256 people (0 first service plus 23,256 second service). BBN would provide a first or second service to 2,179 people (0 first service plus 2,179 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify RBN as the tentative selectee. Group 970416 thus will not proceed to a point hearing. Accordingly, it is ordered that Reformed Broadcasting Network, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19971104MG) for a new NCE FM station in New Berlin, Illinois. Petitions to deny the tentative selectee are due
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  • HBC would provide combined first and second service to 5,000 more persons than the next best applicant. Living Proof claims to provide a first or second service to 100,058 people (52,238 first service plus 47,820 second service). HBC claims to provide a first or second service to 80,571 people (47,978 first service plus 32,593 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Living Proof as the tentative selectee. Group 990610 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Living Proof, Inc. is accepted for filing. It is also ordered that Living Proof, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BNPED-19991214AAL) for a new
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  • provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that Good Samaritan qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than AFA. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Good Samaritan as the tentative selectee. Group 9704P3 thus will not proceed to a point hearing. Accordingly, it is ordered that Good Samaritan Educational Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19970501MB) for a new NCE FM station in Columbus, Indiana. Petitions to deny the tentative selectee are
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  • therefore, that they are eligible for a fair distribution preference. Both AFA and Minn-Iowa assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than Minn-Iowa. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 981208 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BMPED-19981230ME) to make major modifications to NCE FM Station KBDC(FM), Mason City, Iowa. Petitions to deny the tentative selectee
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  • service comparative preference, however, because, contrary to its claim, it does not provide a new first service to its entire proposed service area. Thus, we only consider whether AFA qualifies for a first service preference. Based on AFA's submissions and calculations, it appears that it qualifies for a preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 971109 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19971121MA) for a new NCE FM station in Lowell, Indiana. Petitions to deny the tentative selectee are due within
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  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on BBN's submissions and calculations, it appears that BBN qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify BBN as the tentative selectee. Group 960709 thus will not proceed to a point hearing. Accordingly, it is ordered that Bible Believers Network, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19961203ME) for a new NCE FM station in Newport, Tennessee. Petitions to deny the tentative selectee are due within
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  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than Berks. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 9803X3 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980213ME) for a new NCE FM station in Shenandoah, Pennsylvania. Petitions to deny the tentative selectee are due within
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  • for a first service comparative preference, however, because it did not include with its 307(b) showing the number of people it proposes to serve with first service. Based on the applicants' submissions and calculations, it appears that OPB is the only applicant to meet the new first service threshold, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify OPB as the tentative selectee. Group 990902 thus will not proceed to a point hearing. Accordingly, it is ordered that Oregon Public Broadcasting is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990903MD) for a new NCE FM station in Baker City, Oregon. Petitions to deny the tentative selectee are due within
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  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on Sunbelt's submissions and calculations, it appears that Sunbelt qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify Sunbelt as the tentative selectee. Group 990405 thus will not proceed to a point hearing. Accordingly, it is ordered that Sunbelt Educational Broadcasting, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990415MA) for a new NCE FM station in Emeralda, Florida. Petitions to deny the tentative selectee are due within
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  • within its respective service area, and therefore, that it is eligible for a fair distribution preference. HCBI is the only applicant, however, to assert that it is entitled to a first service preference. Based on HCBI's submissions and calculations, it appears that it qualifies for a first service preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify HCBI as the tentative selectee. Group 980205 thus will not proceed to a point hearing. Accordingly, it is ordered that Houston Christian Broadcasters, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980213MA) for a new NCE FM station in Fredericksburg, Texas. Petitions to deny the tentative selectee are due within
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  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on Superior's submissions and calculations, it appears that Superior qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify Superior as the tentative selectee. Group 971209 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Superior Communications is accepted for filing. It is also ordered that Superior Communications is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980512MC) for a new NCE FM station
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  • their respective service areas, and therefore, that they are eligible for a fair distribution preference. However, Philos is the only applicant to assert that it is entitled to a first service preference. Based on Philos' submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Philos as the tentative selectee. Group 9804X2 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Philos Broadcast, Inc. is accepted for filing. It is also ordered that Philos Broadcast, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980922MB) for a new NCE
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  • We note, however, that Hellinger did not provide with its Section 307(b) showing an exhibit indicating the number of people it proposes to serve with new first and second service. Thus, we will not include Hellinger in our fair distribution analysis. Based on LifeTalk's submissions and calculations, it appears that it qualifies for a comparative preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify LifeTalk as the tentative selectee. Group 990501 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of LifeTalk Broadcasting Association is accepted for filing. It is also ordered that LifeTalk Broadcasting Association is TENTATIVELY SELECTED to be awarded a construction permit (File No. BNPED-19991004AAD) for a new NCE
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  • population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Only NJPBA asserts that it is entitled to a first service preference. Based on NJPBA's submissions and calculations, it appears that it qualifies for a preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NJPBA as the tentative selectee. Group 980911 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of New Jersey Public Broadcasting Authority is accepted for filing. It is also ordered that New Jersey Public Broadcasting Authority is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990716MB)
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  • provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that Public Radio qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than MVHF. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Public Radio as the tentative selectee. Group 980305 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Public Radio, Inc. is accepted for filing. It is also ordered that Public Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
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  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its service area, and therefore, that it is eligible for a fair distribution preference. Based on WAMC's submissions and calculations, it appears that WAMC qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify WAMC as the tentative selectee. Group 970112 thus will not proceed to a point hearing. Accordingly, it is ordered that WAMC is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Remsen, New York. Petitions to deny the tentative selectee are due within thirty (30) days following the
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  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its service area, and therefore, that it is eligible for a fair distribution preference. Based on PAR's submissions and calculations, it appears that PAR qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify PAR as the tentative selectee. Group 980120 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Positive Alternative Radio, Inc. is accepted for filing. It is also ordered that Positive Alternative Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
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  • to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its service area, and therefore, that it is eligible for a fair distribution preference. Based on Living Proof's submissions and calculations, it appears that Living Proof qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Living Proof as the tentative selectee. Group 990705 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Living Proof, Inc. is accepted for filing. It is also ordered that Living Proof, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
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  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that Cornerstone qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than AFA. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Cornerstone as the tentative selectee. Group 980208 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Cornerstone University is accepted for filing. It is also ordered that Cornerstone University is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Springfield, Michigan.
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  • preference. We note, however, that Heartland did not provide with its Section 307(b) showing an exhibit indicating the number of people it proposes to serve with new first and second service. Thus, we will not include Heartland in our fair distribution analysis. Based on BCR's submissions and calculations, it appears that it qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify BCR as the tentative selectee. Group 990516 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Bishop Community Radio is accepted for filing. It is also ordered that Bishop Community Radio is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
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  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its service area, and therefore, that it is eligible for a fair distribution preference. Based on MCCEF's submissions and calculations, it appears that MCCEF qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify MCCEF as the tentative selectee. Group 970512 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Morton Cochran County Educational Foundation is accepted for filing. It is also ordered that Morton Cochran County Educational Foundation is TENTATIVELY SELECTED to be awarded a construction permit for a new
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  • combined first and second service to 5,000 more persons than the other applicant. Based on the applicants' submissions and calculations, BBN would provide a first or second service to 82,276 people (0 first service plus 82,276 second service). AFA would provide a first or second service to 76,746 people (0 first service plus 76,746 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify BBN as the tentative selectee. Group 970211 thus will not proceed to a point hearing. Accordingly, it is ordered that Bible Broadcasting Network, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Denison, Texas. Petitions to deny the tentative selectee are due within thirty (30) days
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  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that RTN qualifies for a comparative preference because it would provide a new first service to at least 5,000 more persons than Revival. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify RTN as the tentative selectee. Group 990102 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Radio Training Network, Inc. is accepted for filing. It is also ordered that Radio Training Network, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
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  • and therefore, that they are eligible for a fair distribution preference. Both applicants also assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference because it would provide a new first service to at least 5,000 more people than MVHF. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 970217 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That American Family Association is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Dillon, South Carolina. Petitions to deny the tentative selectee are due within thirty (30) days
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  • is eligible for a fair distribution preference. Only BNBC and AFA, however, assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that BNBC will provide a new first service to at least 5,000 more people than AFA and therefore qualifies for a first service comparative preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify BNBC as the tentative selectee. Group 980715 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That the application of Bloomington Normal Broadcasting Corporation is accepted for filing. It is also ordered that Bloomington Normal Broadcasting Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
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  • combined first and second service to 5,000 more people than the other applicant. Based on the applicants' submissions and calculations, ERFET would provide a first or second service to 243,710 people (0 first service plus 243,710 second service). AFA would provide a first or second service to 4,322 people (0 first service plus 4,322 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify ERFET as the tentative selectee. Group 9607B1 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That Educational Radio Foundation of East Texas, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Cotton Valley, Louisiana. Petitions to deny the tentative selectee are due
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  • and second service to 5,000 more people than the other applicant. Based on the applicants' submissions and calculations, New Life would provide a first or second service to 24,562 people (17,792 first service plus 6,770 second service). Missouri Life would provide a first or second service to 17,261 people (17,261 first service plus 0 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify New Life as the tentative selectee. Group 981014 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That New Life Evangelistic Center, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Bowling Green, Missouri. Petitions to deny the tentative selectee are due within
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  • or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 07-40 (rel. Mar. 27, 2007) (``Omnibus Order''). See 47 C.F.R. �� 73.7000 - 05. Any changes made after that snapshot date could potentially reduce, but could not increase, an applicant's points. See Omnibus Order, __ FCC Rcd at ___ (� 3). Id. at � 5. See 47 C.F.R. � 73.7004; Omnibus Order at � 202. See Omnibus Order at �� 202-03; 47 C.F.R. �� 0.61(h), 0.283. See Omnibus Order at �� 44-45. See 47 C.F.R. 73.7003(b)(2). See Reexamination of Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5094-95 (2001) (``NCE MO&O''). Id. See UMass Point Supplement, Exhibit E-2, p. 3. Id. at Exhibit E-2,
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  • FCC Rcd at ___ ( � 1). The April Submission is therefore dismissed. Moreover, as discussed in n.15, infra, the arguments therein would not have changed the outcome of this proceeding. See n.1, supra. See 47 C.F.R. �� 73.7000 - 05. See Omnibus Order, __ FCC Rcd at ___ (� 3). Id. Id. at � 5. See 47 C.F.R. � 73.7004; Omnibus Order at � 202. See Omnibus Order at �� 202-03; 47 C.F.R. �� 0.61(h), 0.283. See Omnibus Order at � 13. See Omnibus Order at � 249. Petition at 3. In its point supplement, filed July 19, 2001, Harris claimed attributable interests in WBAJ(AM), Blythewood, South Carolina, and WSJC(AM), Magee, Mississippi. The Commission subsequently awarded Harris construction permits for
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  • existing station, KLHT(AM), Honolulu. See Omnibus Order, 22 FCC Rcd at 6133. Specifically, MBC, CCHI, and BBN received five, three, and zero points respectively. See Petition at 2; 47 U.S.C. � 309(a)(1). See Opposition at 1 - 3; 47 C.F.R. � 73.3573(b)(3). MBC's argument for dismissal of CCHI's application is premature and will not be considered. See 47 C.F.R. � 73.7004(a) (petitions lie against tentative selectees only). See Omnibus Order, 22 FCC Rcd at 6125. See Petition at 4 - 8. See 47 C.F.R. � 1.65. Id.; Section 1.65 Amendment Deadline Established for Noncommercial Educational FM and FM Translator Station Applicants, Public Notice, 19 FCC Rcd 24740 (2004) (``Section 1.65 Notice''). See 47 C.F.R. � 1.65. See Section 1.65 Notice, 19
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  • the Redding, California offices of Jefferson Public Radio. See Omnibus Order, 22 FCC Rcd at 6116-17. See Petition, Ex. 4; Opposition at 2. See Petition at 12, 16. Id. Id. at 12-14, Ex. 2. Id. at 9; File No. BALTTA-20061130ALD (granted Jan. 17, 2007). See Petition at 8-9. See Opposition at 1 (May 14, 2007). See also 47 C.F.R. � 73.7004(c) (denials must be supported by affidavit). See 47 C.F.R. � 73.7000. Note 1 to Section 73.3555 reflects that interests can be direct or indirect. See 47 C.F.R. � 73.3555, n.1. Note 2 sets forth various cognizable interests including those of certain owners, partners, stockholders, officers, directors, and time brokers. Id. at n.2. When the instant application was filed in 1995,
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  • applicant in this group received points for superior technical parameters because their differences were not decisional under that criterion. Id.; 47 C.F.R. � 73.7003(b)(4). See NCE MO&O, 16 FCC Rcd at 5092 (citing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12590 (1999)). See NCE MO&O, 16 FCC Rcd at 5088. See 47 C.F.R. � 73.7004(f); NCE MO&O, 16 FCC Rcd at 5084 -86 (June 2001 snap shot date used to determine size of population and service level for Section 307(b), but area served, i.e., technical proposal, determined as of an earlier date and may not be amended except for good cause). See 47 C.F.R. � 73.7003(b)(2). According to Harris, the overlap area covers 1.57 square
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  • on October 12, 2007, Public Notice, 22 FCC Rcd 2726 (2007); Media Bureau to Extend Window for NCE FM New Station and Major Change Applications; Window Will Close on October 22, 2007, Public Notice, DA 07-4355 (October 19, 2007). The acceptance for filing of these singletons will start the 30-day period for filing petitions to deny. See 47 C.F.R. � 73.7004. At a later date, following the current settlement window, the Bureau will release a public notice identifying the remaining mutually exclusive groups of applications. We will process any settlement achieved through technical amendment(s) and/or dismissal(s) which results in our ability to grant at least one singleton application. In the event that the staff determines that a settlement complies with the
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  • Inc. and Mr. Howard C. Toole, Letter, 22 FCC Rcd 18600 (MB 2007), petition for recon. pending (``Toole Decision''). Objection at 2. Id. Id. Opposition at 3-4. Memorandum Opinion and Order, 11 FCC Rcd 15464 (1996) (``Greater Muskegon Broadcasters''). Id. at 15472 (emphasis added). See, e.g., 47 U.S.C. � 309(d); 47 C.F.R. �� 1.17, 1.41 - 1.77, 73.3584, 73.3587, 73.5006, 73.7004. See, e.g., 47 C.F.R. �� 1.52, 73.3584(b). Coleman Objection, first unnumbered page. Id., second unnumbered page. Id., second-third unnumbered pages. See 47 U.S.C. � 310(d); Dorothy J. Owens, Debtor-in-Possession, Memorandum Opinion and Order, 5 FCC Rcd 6615 (1990). Cf. Policy Regarding Character Qualifications in Broadcast Licensing, Report, Order and Policy Statement, 102 FCC 2d 1179, 1223-25 (1986) (there should be
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  • any of the mutually exclusive groups listed in Attachment A should bring this matter to the attention of the Audio Division within 30 days. If applicants in a mutually exclusive group identified in Attachment A are negotiating a settlement or share time arrangement, they should advise the Audio Division to withhold further processing of the pertinent applications pursuant to Section 73.7004(d) of the Commission's Rules. Otherwise, the Bureau will begin comparative analyses immediately following the expiration of this 30-day comment period. Contacts: Irene Bleiweiss, Audio Division, Media Bureau, (202) 418-2700 (legal) James Bradshaw, Audio Division, Media Bureau, (202) 418-2700 (engineering) -FCC- See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd. 15050 (2007).
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  • Media Bureau On March 7, 2008, the Bureau issued a public notice identifying 263 groups, all of which contained four or fewer mutually exclusive NCE FM applications. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, DA 08-536 (MB March 7, 2008). Each of the groups analyzed herein was included on that Public Notice. See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
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  • Media Bureau On March 7, 2008, the Bureau issued a public notice identifying 263 groups, all of which contained four or fewer mutually exclusive NCE FM applications. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, DA 08-536 (MB March 7, 2008). Each of the groups analyzed herein was included on that Public Notice. See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
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  • complete record in this proceeding, we will consider the arguments set forth in these filings. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007) (``Comparative Consideration Order''). Id. See 47 C.F.R. �� 73.7000 - 05. See 47 C.F.R. � 73.7004; Comparative Consideration Order, 22 FCC Rcd at 6161 � 202. See Comparative Consideration Order, 22 FCC Rcd at 6154 � 174. See also FCC File No. BPED-19981211MA. Petition to Deny at 2. See id. See also Affidavit of Robert Kelley, President of Sound Broadcasters, Inc. (``Kelley Affidavit''). See Petition to Deny at 3. Id. Sound also argues that: (1) ICR
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  • 2008, the Bureau issued a public notice identifying an additional 148 groups, all of which contained thirteen or fewer mutually exclusive NCE FM applications. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, DA 08-1437, (MB rel. Jun. 18, 2008). Each of the groups analyzed herein was included on one of those Public Notices. See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
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  • mutually exclusive groups listed in Attachment A should bring this matter to the attention of the Audio Division within 30 days. If applicants in a mutually exclusive group identified in Attachment A are negotiating a settlement or share time arrangement, they should advise the Audio Division within 30 days to withhold further processing of the pertinent applications pursuant to Section 73.7004(d) of the Commission's Rules. Otherwise, the Bureau will begin comparative analyses immediately following the expiration of this 30-day settlement period. Contacts: Irene Bleiweiss, Audio Division, Media Bureau, (202) 418-2700 (legal) James Bradshaw, Audio Division, Media Bureau, (202) 418-2700 (engineering) -FCC- See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd. 15050 (2007).
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  • Bureau On June 18, 2008, the Bureau issued a public notice identifying 148 groups, all of which contained thirteen or fewer mutually exclusive NCE FM applications. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, DA 08-1437 (MB rel. Jun. 18, 2008). Each of the groups analyzed herein was included on that Public Notice. See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
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  • mutually exclusive groups listed in Attachment A should bring this matter to the attention of the Audio Division within 30 days. If applicants in any mutually exclusive group identified in Attachment A are negotiating a settlement, or wish to share time instead of proceeding to comparative evaluation, they should advise the Audio Division to withhold further processing pursuant to Section 73.7004(d). Otherwise, the Bureau will begin comparative analyses immediately following the expiration of this 30-day comment period. Contacts: Irene Bleiweiss, Audio Division, Media Bureau, (202) 418-2700 (legal) James Bradshaw, Audio Division, Media Bureau, (202) 418-2700 (engineering) -FCC- See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd. 15050 (2007). Also pending are some
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  • of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 14730 (MB 2008) (Groups 501 to 546); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008) (Groups 300 to 448); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008) (Groups 1 to 263). See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
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  • As noted above, in NCE MX Group 202, only SCOCBI claimed that it is eligible for a fair distribution preference. In addition, only SCOCBI asserted that it was entitled to a combined first and second service preference. Based on SCOCBI's submissions and calculations, it appeared to qualify for a dispositive combined first and second NCE-service preference. Accordingly, pursuant to Section 73.7004 of the Commission's Rules (the ``Rules''), we identified SCOCBI as the tentative selectee in NCE MX Group 202. On June 30, 2008, the staff accepted the Application for filing and established a 30-day period for filing petitions to deny. On July 17, 2008, Norman timely filed its Petition. Discussion. Pursuant to the Act, petitions to deny must provide properly supported
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  • for NCE FM applications. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See 47 C.F.R. � 1.113(a) (providing the staff with discretion to modify or set aside an action taken under delegated authority within 30 days of public notice of that action). See 47 C.F.R. � 73.7004(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. Group 530, which originally contained 37 applications, is bifurcated as a result of multiple settlements in which 11 applications were dismissed at the request of the applicants
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2596A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2596A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2596A1.txt
  • of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 14730 (MB 2008) (Groups 501 to 546); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008) (Groups 300 to 448); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008) (Groups 1 to 263). See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
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  • the same 5,000-listener threshold. Each applicant in NCE MX Group 980911 claimed that it is eligible for a fair distribution preference. Only NJPBA, however, asserted that it was entitled to a first service preference. Based on NJPBA's submissions and calculations, it appeared to qualify for a dispositive first-service preference, so no second service analysis was undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's Rules (the ``Rules''), we identified NJPBA as the tentative selectee, in NCE MX Group 980911. On August, 3, 2005, the staff placed the NJPBA application on a Public Notice announcing its acceptance for filing and establishing a 30-day period for filing petitions to deny. On September 1, 2005, WRI timely filed its Petition. Petition to Deny. In
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  • Mutually Exclusive Applications, Public Notice, DA 08-2259 (MB rel. Oct. 9, 2008) (Groups 501 to 546); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008) (Groups 300 to 448); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008) (Groups 1 to 263). See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
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  • (2004); 47 C.F.R. � 73.7003. Oral Roberts University, Community Television Educators, Inc., For a Construction Permit for a New Noncommercial Educational television Station on DTV Channel *26, Tulsa, OK, Memorandum Opinion and Order, 23 FCC 17440 (2008). 16 FCC Rcd 10549, Appendix D ``Closed Groups of Pending Applications;'' see also 15 FCC Rcd at 7422, � 87. 47 C.F.R. � 73.7004. � � � $ $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
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  • contour encompasses 23,279 people, with first NCE service to 3,237 and second NCE service to 6,762 for an aggregated first and second NCE service of 9,999. Thus, it would provide combined first or second NCE service to at least ten percent of the population within its 60 dBu contour and to more than 2,000 people. See also 47 C.F.R. � 73.7004. At each stage of the Section 307(b) analysis, any applicant that is comparatively disfavored in terms of eligibility or service totals is eliminated. The process ends when the Bureau determines that one applicant is entitled to a preference or that none of the remaining applicants can be selected or eliminated based on a Section 307(b) preference. In the latter case,
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  • of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 14730 (MB 2008) (Groups 501 to 546); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008) (Groups 300 to 448); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008) (Groups 1 to 263). See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures
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  • Inc., Memorandum Opinion and Order, 23 FCC Rcd 578 n.46 (2008). Edward A. Schober, Memorandum Opinion and Order, 23 FCC Rcd 14263, 14265 (2008) (``The Commission, however, has repeatedly held that `an applicant will not be permitted to amend where it did not have the requisite reasonable assurance to begin with. . . .'''). See n.2, supra. 47 C.F.R. � 73.7004(d); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7423-24 (2000). 47 C.F.R. � 73.7002(c). (...continued from previous page) (continued....) Federal Communications Commission DA 10-491 Federal Communications Commission DA 10-491 2 3 4 � � � � � � � �_H _H _H _H � � � � � � F
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  • Applications for Permit to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 23 FCC Rcd 10213, 10222 � 35 (MB 2008) (``Fair Distribution Order''). Specifically, OAM's ``fair distribution'' preference is based on the fact that its proposed facilities would provide a first NCE service to 12,771 people. See also 47 C.F.R. 73.2002(b). See 47 C.F.R. � 73.7004. See also Fair Distribution Order, 23 FCC Rcd at 10230 � 72. The Fair Distribution Order further noted that because the Silver Fish Objection did not raise fair distribution claims, it would be held in abeyance for consideration in conjunction with any petitions or objections filed by the petition to deny deadline. See id., 23 FCC Rcd at 10222 �
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  • for CE's Objection, which Regents considers an abusive and disqualifying filing. Regents' argument turns on whether CE ``misrepresented'' its filing as an objection when, in Regents' view, the filing was a ``disguised'' petition to deny. Regents contends that CE impermissibly filed the Objection at a time when such a filing might prejudice the Bureau's comparative analysis, in conflict with Section 73.7004(a) of the Rules which specifies that NCE petitions to deny are to be filed following public notice of a tentative selection. We find that Regents fails to make a prima facie case that abuse by CE or prejudice by the Bureau led to dismissal of Regents' application. Our Rules explicitly permit the filing of informal objections at any time prior
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  • 17995 � 50 (MB 2008) (``Fair Distribution Order''). Specifically, the CSC Application would provide a new first or second NCE service to 23,413 people whereas the application of Way-FM Media Group, Inc. for a new NCE FM station at Algood, Tennessee (File No. BNPED-20071018DEH) would provide a combined first or second NCE service to 18,297 people. See 47 C.F.R. � 73.7004. See also Fair Distribution Order, 23 FCC Rcd at 18003 � 84. Public Notice at 10. Letter to Catholic Social Club of Putnam County, Tennessee, Inc., Reference 1800B3 (MB Nov. 19, 2010). See 47 C.F.R. � 73.3522(b)(1) (if any fair distribution selectee's application is determined to be unacceptable, ``the application will be returned and the Selectee will be provided one
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  • June 16, 2011. See Broadcast Actions, Public Notice, Report No. 47505 (MB Jun. 10, 2011) (dismissing applications of Equality Broadcasting Network (File No. BNPED-20100224ACV), Moody Bible Institute of Chicago (File No. BNPED-20100225AAY), Smile FM (File No. BNPED-20100226AIC), Covenant Communications (File No. BNPED-20100222ABJ), Serendipity Educational Broadcasting (File No. BNPED-20100225ADF), and Old Time Gospel Ministries (File No. BNPED-20100226AFM)). See 47 C.F.R. � 73.7004(d) (``If an applicant is found unqualified, the application shall be denied, and the applicant(s) with the next highest point tally named as the new tentative selectee''). See 47 C.F.R. � 73.7005(c). See 47 C.F.R. � 73.202. (Continued from previous page) (continued . . .) Federal Communications Commission Washington, D.C. 20554 May 23, 2012 ( ) � � � � �
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  • 73.5006 and 73.3584. Non-mutually exclusive applications for noncommercial educational broadcast stations, as described in 47 U.S.C. � 397(6), will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of �� 73.7004 and 73.3584. If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of the non-mutually exclusive long form application, the same will be granted. * * * * * Section 73.3572 is amended by revising paragraph (e) as follows: � 73.3572 Processing of TV broadcast,
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  • it is returned to the applicant. The applicant is then given one opportunity to submit a minor curative amendment, provided that the amendment is minor and that the application, as amended, has the same number of points as originally claimed, or more than the points claimed by the next highest applicant. See 47 C.F.R. � 73.3522(b)(1). See 47 C.F.R. � 73.7004. If any applicant previously raised issues against the tentative selectee, it must refile its objections within this thirty (30) day period. (continued...) Federal Communications Commission FCC 06-176 Federal Communications Commission FCC 06-176 � D E - E � � 0 0 D � d �
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  • all petitions to deny and informal objections filed in the 76 proceedings herein ARE DISMISSED WITHOUT PREJUDICE. Any party wishing to pursue matters raised in these filings against any tentative selectee must refile its objections within the thirty (30) day period for petitions to deny, which period will be established by a staff-issued public notice and in accordance with Section 73.7004 of the Commission's Rules. Group 880611. Accordingly, IT IS ORDERED, That the Research Foundation, California State University, Chico, is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Redding, California. We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 880611 and establishing a deadline thirty (30) days
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  • not cut off from competing applications, were required to amend their applications to be considered along with applications filed during the window. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures for October 12-October 19, 2007 Window, Public Notice, 22 FCC Rcd 15050 (MB 2007) (``Procedures Notice''). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking,
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  • cut off from competing applications were required to amend their applications to be considered along with applications filed during the window. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures for October 12 -19, 2007 Window, Public Notice, 22 FCC Rcd 15050, 15052 (MB 2007) (``Procedures Notice''). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking,
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  • Station and Major Change Filing Procedures for October 12-October 19, 2007 Window, Public Notice, 22 FCC Rcd 15050 (MB 2007) (``Procedures Notice''); Media Bureau to Extend Window for NCE FM New Station and Major Change Applications; Window Will Close on October 22, 2007, Public Notice, 22 FCC Rcd 18680 (MB 2007). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking,
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  • file prior to the October window, but not cut off from competing applications were required to amend their applications to be considered along with applications filed during the window. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5086 (2002) (``NCE MO&O''). 47 C.F.R. �� 73.7000 - 7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R. � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for New Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed
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  • off from competing applications were required to amend their applications to supply comparative information that was not previously required to be considered along with applications filed during the window. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5086 (2002) (``NCE MO&O''). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking,
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  • Station and Major Change Filing Procedures for October 12-October 19, 2007 Window, Public Notice, 22 FCC Rcd 15050 (MB 2007) (``Procedures Notice''); Media Bureau to Extend Window for NCE FM New Station and Major Change Applications; Window Will Close on October 22, 2007, Public Notice, 22 FCC Rcd 18680 (MB 2007). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). Non-reserved FM band channels reserved exclusively for NCE use appear with an asterisk designation in the Table of FM Allotments, Section 73.202 of the Commission's Rules. See 47 C.F.R. � 73.202. Sixty-seven vacant reserved FM allotments were available for application in the February 2010 window. See Reserved Allotment Notice at Attachment A. See 47 C.F.R. � 73.202(a)(1)(i). See Reexamination of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-99A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-99A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-99A1.txt
  • applications in Group 95083E and Group 970312 were cut off from competing applications prior to the October 2007 window. Pre-window procedures applicable specifically to these groups are described further in Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5103-04 (2002) (``NCE MO&O''). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). Non-reserved FM band channels reserved exclusively for NCE use appear with an asterisk designation in the Table of FM Allotments, Section 73.202 of the Commission's Rules. See 47 C.F.R. � 73.202. Sixty-seven vacant reserved FM allotments were available for application in the February 2010 window. See Reserved Allotment Notice at Attachment A. See 47 C.F.R. � 73.202(a)(1)(i). See Reexamination of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-9A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-9A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-9A1.txt
  • Station and Major Change Filing Procedures for October 12-October 19, 2007 Window, Public Notice, 22 FCC Rcd 15050 (MB 2007) (``Procedures Notice''); Media Bureau to Extend Window for NCE FM New Station and Major Change Applications; Window Will Close on October 22, 2007, Public Notice, 22 FCC Rcd 18680 (MB 2007). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking,
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • second sentence to paragraph (a) to read as follows: � 73.3584 Procedure for filing petitions to deny (a) For mutually exclusive applications subject to selection by competitive bidding (non-reserved channels) or fair distribution/point system (reserved channels), petitions to deny may be filed only against the winning bidders or tentative selectee(s), and such petitions will be governed by Sections 73.5006 and 73.7004, respectively. For all other applications the following rules will govern. *** 15. Section 73.3593 is amended by adding a new last sentence to read as follows: � 73.3593 Designation for hearing. If the FCC is unable, in the case of any application for an instrument of authorization, to make the findings specified in � 73.3591(a), it will formally designate the
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [873]TEXT [874]PDF 73.7000 Definition of terms (as used in subpart K only). [875]TEXT [876]PDF 73.7001 Services subject to evaluation by point system. [877]TEXT [878]PDF 73.7002 Fair distribution of service on reserved band FM channels. [879]TEXT [880]PDF 73.7003 Point system selection procedures. [881]TEXT [882]PDF 73.7004 Petitions to deny tentative selectee(s). [883]TEXT [884]PDF 73.7005 Holding period. __________________________________________________________________ [885]Skip Bottom FCC Navigation Links and Contact Info [886]FCC Home | [887]Search | [888]RSS | [889]Updates | [890]E-Filing | [891]Initiatives | [892]Consumers | [893]Find People __________________________________________________________________ If you would like more information pertaining to the Media Bureau, please call: (202) 418-7200. __________________________________________________________________ [894]Skip FCC Footer and Contact Info Federal
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • second sentence to paragraph (a) to read as follows: � 73.3584 Procedure for filing petitions to deny (a) For mutually exclusive applications subject to selection by competitive bidding (non-reserved channels) or fair distribution/point system (reserved channels), petitions to deny may be filed only against the winning bidders or tentative selectee(s), and such petitions will be governed by Sections 73.5006 and 73.7004, respectively. For all other applications the following rules will govern. *** 15. Section 73.3593 is amended by adding a new last sentence to read as follows: � 73.3593 Designation for hearing. If the FCC is unable, in the case of any application for an instrument of authorization, to make the findings specified in � 73.3591(a), it will formally designate the
• http://www.fcc.gov/fcc-bin/audio/DA-05-1587A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1587A1.pdf
  • provide a new first or second service to 10 percent of the population within its respective service area. However, AFA is the only applicant to assert that it is entitled to a first service preference. Based on AFA's submissions and calculations, it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 971114 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19971112MA) for a new NCE FM station in Valparaiso, Indiana. Petitions to Deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-1588A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1588A1.pdf
  • for a first service comparative preference. Next, we consider whether AFA or Family would provide combined first and second service to 5,000 more persons than the other applicant. AFA would provide a first or second service to 125,163 people (18,397 plus 106,766). Family would provide a first or second service to 93,231 people (15,496 plus 77,735). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 961208 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19970612ME) for a new NCE FM station in Jacksonville, North Carolina. Petitions to Deny the tentative selectee are due
• http://www.fcc.gov/fcc-bin/audio/DA-05-1589A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1589A1.pdf
  • its proposed facility would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, Riverside qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than KSU. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Riverside as the tentative selectee. Group 971110 thus will not proceed to a point hearing. Accordingly, it is ordered that Riverside Youth and Rehabilitation Center, Inc. d/b/a Riverside Ministries, is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19971117MS) for a new NCE FM station in Newark, Ohio. Petitions to Deny the
• http://www.fcc.gov/fcc-bin/audio/DA-05-1674A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1674A1.pdf
  • for a first service comparative preference, however, because it did not include with its 307(b) showing the number of people it proposes to serve with first service. Based on the applicants' submissions and calculations, it appears that CSSI is the only applicant to meet the new first service threshold, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify CSSI as the tentative selectee. Group 980110 thus will not proceed to a point hearing. Accordingly, it is ordered that CSSI Non-Profit Educational Broadcasting Corporation is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980122MB) for a new NCE FM station in Eastland, Texas. Petitions to deny the tentative selectee are due
• http://www.fcc.gov/fcc-bin/audio/DA-05-1675A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1675A1.pdf
  • would serve Platteville, Wisconsin. Cascade is the only applicant to claim that it would provide a new first or second service to 10 percent of the population within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on Cascade's submissions and calculations, it appears that Cascade qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify Cascade as the tentative selectee. Group 980307 thus will not proceed to a point hearing. Accordingly, it is ordered that Cascade Community Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980319MP) for a new NCE FM station in Cascade, Iowa. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-1677A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1677A1.pdf
  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than Augusta. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 980309 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980319MI) for a new NCE FM station in Thomson, Georgia. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-1678A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1678A1.pdf
  • its respective service area, and therefore, that it is eligible for a fair distribution preference. However, Horizon is the only applicant to assert that it is entitled to a first service preference. Based on Horizon's submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Horizon as the tentative selectee. Group 980710 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Horizon Christian Fellowship of Indianapolis is accepted for filing. It is also ordered that Horizon Christian Fellowship of Indianapolis is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990311MS)
• http://www.fcc.gov/fcc-bin/audio/DA-05-1775A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1775A1.pdf
  • combined first and second service to 5,000 more persons than the other applicant. Based on the applicants' submissions and calculations, ENFC would provide a first or second service to 184,859 people (2,037 first service plus 182,822 second service). PARI would provide a first or second service to 161,070 people (2,390 first service plus 158,680 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify ENFC as the tentative selectee. Group 970929 thus will not proceed to a point hearing. Accordingly, it is ordered that Eagle's Nest Fellowship Church is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980320MD) for a new NCE FM station in Harrington, Delaware. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-1860A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1860A1.pdf
  • its respective service area, and therefore, that it is eligible for a fair distribution preference. However, MEPI is the only applicant to assert that it is entitled to a first service preference. Based on MEPI's submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify MEPI as the tentative selectee. Group 980614 thus will not proceed to a point hearing. Accordingly, it is ordered that Marshalltown Education Plus, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19981231MC) for a new NCE FM station in State Center, Iowa. Petitions to deny the tentative selectee are due
• http://www.fcc.gov/fcc-bin/audio/DA-05-1861A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1861A1.pdf
  • to provide a first or second service to 173,045 people (0 first service plus 173,045 second service). Community claims to provide a first or second service to 2,509 people (1,434 first service plus 1,075 second service). JC Radio claims to provide a first or second service to 69,982 people (0 first service plus 69,982 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NJPBA as the tentative selectee. Group 990808 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of New Jersey Public Broadcasting Authority is accepted for filing. It is also ordered that New Jersey Public Broadcasting Authority is TENTATIVELY SELECTED to be awarded a construction permit (File No. BNPED-20000303ABK)
• http://www.fcc.gov/fcc-bin/audio/DA-05-1863A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1863A1.pdf
  • however, because it did not include with its 307(b) showing the number of people it proposes to serve with first service. Based on the applicants' submissions and calculations, it appears that NTMF qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than the next best applicant. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NTMF as the tentative selectee. Group 980119 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of North Texas Music Foundation is accepted for filing. It is also ordered that North Texas Music Foundation is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980730ME) for a
• http://www.fcc.gov/fcc-bin/audio/DA-05-1864A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1864A1.pdf
  • people it proposes to serve with a new second service, we next consider only whether NJPBA would provide a combined first and second service to 10 percent of the population (and to at least 2,000 people) within its propose 60 dBu. Based on NJPBA's submissions and calculations, it appears that NJPBA qualifies for a comparative preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NJPBA as the tentative selectee. Group 990310 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of New Jersey Public Broadcasting Authority is accepted for filing. It is also ordered that New Jersey Public Broadcasting Authority is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990730ME)
• http://www.fcc.gov/fcc-bin/audio/DA-05-1865A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1865A1.pdf
  • eligible for a fair distribution preference. Only NCEB and State of Oregon assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that State of Oregon qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than NCEB. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify State of Oregon as the tentative selectee. Group 95077E thus will not proceed to a point hearing. Accordingly, it is ordered that State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19960417MD)
• http://www.fcc.gov/fcc-bin/audio/DA-05-1866A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1866A1.pdf
  • its respective service area, and therefore, that it is eligible for a fair distribution preference. However, AFA is the only applicant to assert that it is entitled to a first service preference. Based on AFA's submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 9609R1 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19960924MF) for a new NCE FM station in Mart, Texas. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-1867A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1867A1.pdf
  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on AFA's submissions and calculations, it appears that AFA qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 960815 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of American Family Association, Inc. is accepted for filing. It is also ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19970417MA) for a
• http://www.fcc.gov/fcc-bin/audio/DA-05-1967A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1967A1.pdf
  • HBC would provide combined first and second service to 5,000 more persons than the next best applicant. Living Proof claims to provide a first or second service to 100,058 people (52,238 first service plus 47,820 second service). HBC claims to provide a first or second service to 80,571 people (47,978 first service plus 32,593 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Living Proof as the tentative selectee. Group 990610 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Living Proof, Inc. is accepted for filing. It is also ordered that Living Proof, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BNPED-19991214AAL) for a new
• http://www.fcc.gov/fcc-bin/audio/DA-05-1968A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1968A1.pdf
  • provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that Good Samaritan qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than AFA. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Good Samaritan as the tentative selectee. Group 9704P3 thus will not proceed to a point hearing. Accordingly, it is ordered that Good Samaritan Educational Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19970501MB) for a new NCE FM station in Columbus, Indiana. Petitions to deny the tentative selectee are
• http://www.fcc.gov/fcc-bin/audio/DA-05-1970A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1970A1.pdf
  • therefore, that they are eligible for a fair distribution preference. Both AFA and Minn-Iowa assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than Minn-Iowa. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 981208 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BMPED-19981230ME) to make major modifications to NCE FM Station KBDC(FM), Mason City, Iowa. Petitions to deny the tentative selectee
• http://www.fcc.gov/fcc-bin/audio/DA-05-2024A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2024A1.pdf
  • service comparative preference, however, because, contrary to its claim, it does not provide a new first service to its entire proposed service area. Thus, we only consider whether AFA qualifies for a first service preference. Based on AFA's submissions and calculations, it appears that it qualifies for a preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 971109 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19971121MA) for a new NCE FM station in Lowell, Indiana. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-2025A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2025A1.pdf
  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on BBN's submissions and calculations, it appears that BBN qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify BBN as the tentative selectee. Group 960709 thus will not proceed to a point hearing. Accordingly, it is ordered that Bible Believers Network, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19961203ME) for a new NCE FM station in Newport, Tennessee. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-2027A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2027A1.pdf
  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than Berks. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 9803X3 thus will not proceed to a point hearing. Accordingly, it is ordered that American Family Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980213ME) for a new NCE FM station in Shenandoah, Pennsylvania. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-2028A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2028A1.pdf
  • for a first service comparative preference, however, because it did not include with its 307(b) showing the number of people it proposes to serve with first service. Based on the applicants' submissions and calculations, it appears that OPB is the only applicant to meet the new first service threshold, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify OPB as the tentative selectee. Group 990902 thus will not proceed to a point hearing. Accordingly, it is ordered that Oregon Public Broadcasting is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990903MD) for a new NCE FM station in Baker City, Oregon. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-2185A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2185A1.pdf
  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on Sunbelt's submissions and calculations, it appears that Sunbelt qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify Sunbelt as the tentative selectee. Group 990405 thus will not proceed to a point hearing. Accordingly, it is ordered that Sunbelt Educational Broadcasting, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990415MA) for a new NCE FM station in Emeralda, Florida. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-2186A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2186A1.pdf
  • within its respective service area, and therefore, that it is eligible for a fair distribution preference. HCBI is the only applicant, however, to assert that it is entitled to a first service preference. Based on HCBI's submissions and calculations, it appears that it qualifies for a first service preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify HCBI as the tentative selectee. Group 980205 thus will not proceed to a point hearing. Accordingly, it is ordered that Houston Christian Broadcasters, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980213MA) for a new NCE FM station in Fredericksburg, Texas. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-05-2187A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2187A1.pdf
  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Based on Superior's submissions and calculations, it appears that Superior qualifies for a preference. Pursuant to Section 73.7004 of the Commission's rules, we identify Superior as the tentative selectee. Group 971209 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Superior Communications is accepted for filing. It is also ordered that Superior Communications is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980512MC) for a new NCE FM station
• http://www.fcc.gov/fcc-bin/audio/DA-05-2189A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2189A1.pdf
  • their respective service areas, and therefore, that they are eligible for a fair distribution preference. However, Philos is the only applicant to assert that it is entitled to a first service preference. Based on Philos' submissions and calculations, it appears that it qualifies for a first service comparative preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Philos as the tentative selectee. Group 9804X2 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Philos Broadcast, Inc. is accepted for filing. It is also ordered that Philos Broadcast, Inc. is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19980922MB) for a new NCE
• http://www.fcc.gov/fcc-bin/audio/DA-05-2190A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2190A1.pdf
  • We note, however, that Hellinger did not provide with its Section 307(b) showing an exhibit indicating the number of people it proposes to serve with new first and second service. Thus, we will not include Hellinger in our fair distribution analysis. Based on LifeTalk's submissions and calculations, it appears that it qualifies for a comparative preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify LifeTalk as the tentative selectee. Group 990501 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of LifeTalk Broadcasting Association is accepted for filing. It is also ordered that LifeTalk Broadcasting Association is TENTATIVELY SELECTED to be awarded a construction permit (File No. BNPED-19991004AAD) for a new NCE
• http://www.fcc.gov/fcc-bin/audio/DA-05-2191A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2191A1.pdf
  • population, and to at least 2,000 people, within its respective service area, and therefore, that it is eligible for a fair distribution preference. Only NJPBA asserts that it is entitled to a first service preference. Based on NJPBA's submissions and calculations, it appears that it qualifies for a preference, so no second service analysis is undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify NJPBA as the tentative selectee. Group 980911 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of New Jersey Public Broadcasting Authority is accepted for filing. It is also ordered that New Jersey Public Broadcasting Authority is TENTATIVELY SELECTED to be awarded a construction permit (File No. BPED-19990716MB)
• http://www.fcc.gov/fcc-bin/audio/DA-05-2383A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2383A1.pdf
  • provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that Public Radio qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than MVHF. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Public Radio as the tentative selectee. Group 980305 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Public Radio, Inc. is accepted for filing. It is also ordered that Public Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
• http://www.fcc.gov/fcc-bin/audio/DA-05-2385A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2385A1.pdf
  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its service area, and therefore, that it is eligible for a fair distribution preference. Based on PAR's submissions and calculations, it appears that PAR qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify PAR as the tentative selectee. Group 980120 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Positive Alternative Radio, Inc. is accepted for filing. It is also ordered that Positive Alternative Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
• http://www.fcc.gov/fcc-bin/audio/DA-05-2386A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2386A1.pdf
  • to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its service area, and therefore, that it is eligible for a fair distribution preference. Based on Living Proof's submissions and calculations, it appears that Living Proof qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Living Proof as the tentative selectee. Group 990705 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Living Proof, Inc. is accepted for filing. It is also ordered that Living Proof, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
• http://www.fcc.gov/fcc-bin/audio/DA-05-2389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2389A1.pdf
  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that Cornerstone qualifies for a comparative preference, because it would provide a new first service to at least 5,000 more persons than AFA. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify Cornerstone as the tentative selectee. Group 980208 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Cornerstone University is accepted for filing. It is also ordered that Cornerstone University is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Springfield, Michigan.
• http://www.fcc.gov/fcc-bin/audio/DA-05-3089A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3089A1.pdf
  • preference. We note, however, that Heartland did not provide with its Section 307(b) showing an exhibit indicating the number of people it proposes to serve with new first and second service. Thus, we will not include Heartland in our fair distribution analysis. Based on BCR's submissions and calculations, it appears that it qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify BCR as the tentative selectee. Group 990516 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Bishop Community Radio is accepted for filing. It is also ordered that Bishop Community Radio is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
• http://www.fcc.gov/fcc-bin/audio/DA-05-3090A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3090A1.pdf
  • only applicant to claim that it would provide a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its service area, and therefore, that it is eligible for a fair distribution preference. Based on MCCEF's submissions and calculations, it appears that MCCEF qualifies for a preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify MCCEF as the tentative selectee. Group 970512 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Morton Cochran County Educational Foundation is accepted for filing. It is also ordered that Morton Cochran County Educational Foundation is TENTATIVELY SELECTED to be awarded a construction permit for a new
• http://www.fcc.gov/fcc-bin/audio/DA-05-3091A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3091A1.pdf
  • combined first and second service to 5,000 more persons than the other applicant. Based on the applicants' submissions and calculations, BBN would provide a first or second service to 82,276 people (0 first service plus 82,276 second service). AFA would provide a first or second service to 76,746 people (0 first service plus 76,746 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify BBN as the tentative selectee. Group 970211 thus will not proceed to a point hearing. Accordingly, it is ordered that Bible Broadcasting Network, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Denison, Texas. Petitions to deny the tentative selectee are due within thirty (30) days
• http://www.fcc.gov/fcc-bin/audio/DA-05-3205A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3205A1.pdf
  • would provide a first service to at least 10 percent of the population (and at least 2,000 persons) within its respective 60 dBu contour. Based on the applicants' submissions and calculations, it appears that RTN qualifies for a comparative preference because it would provide a new first service to at least 5,000 more persons than Revival. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify RTN as the tentative selectee. Group 990102 thus will not proceed to a point hearing. Accordingly, it is ordered that the application of Radio Training Network, Inc. is accepted for filing. It is also ordered that Radio Training Network, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
• http://www.fcc.gov/fcc-bin/audio/DA-06-1168A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1168A1.pdf
  • and therefore, that they are eligible for a fair distribution preference. Both applicants also assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that AFA qualifies for a comparative preference because it would provide a new first service to at least 5,000 more people than MVHF. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify AFA as the tentative selectee. Group 970217 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That American Family Association is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Dillon, South Carolina. Petitions to deny the tentative selectee are due within thirty (30) days
• http://www.fcc.gov/fcc-bin/audio/DA-06-1169A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1169A1.pdf
  • is eligible for a fair distribution preference. Only BNBC and AFA, however, assert that they are entitled to a first service preference. Based on the applicants' submissions and calculations, it appears that BNBC will provide a new first service to at least 5,000 more people than AFA and therefore qualifies for a first service comparative preference. Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify BNBC as the tentative selectee. Group 980715 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That the application of Bloomington Normal Broadcasting Corporation is accepted for filing. It is also ordered that Bloomington Normal Broadcasting Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
• http://www.fcc.gov/fcc-bin/audio/DA-06-1170A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1170A1.pdf
  • combined first and second service to 5,000 more people than the other applicant. Based on the applicants' submissions and calculations, ERFET would provide a first or second service to 243,710 people (0 first service plus 243,710 second service). AFA would provide a first or second service to 4,322 people (0 first service plus 4,322 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify ERFET as the tentative selectee. Group 9607B1 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That Educational Radio Foundation of East Texas, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Cotton Valley, Louisiana. Petitions to deny the tentative selectee are due
• http://www.fcc.gov/fcc-bin/audio/DA-06-1171A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1171A1.pdf
  • and second service to 5,000 more people than the other applicant. Based on the applicants' submissions and calculations, New Life would provide a first or second service to 24,562 people (17,792 first service plus 6,770 second service). Missouri Life would provide a first or second service to 17,261 people (17,261 first service plus 0 second service). Accordingly, pursuant to Section 73.7004 of the Commission's rules, we identify New Life as the tentative selectee. Group 981014 thus will not proceed to a point hearing. Accordingly, IT IS ORDERED, That New Life Evangelistic Center, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Bowling Green, Missouri. Petitions to deny the tentative selectee are due within
• http://www.fcc.gov/fcc-bin/audio/DA-07-2681A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2681A1.pdf
  • or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 07-40 (rel. Mar. 27, 2007) (``Omnibus Order''). See 47 C.F.R. �� 73.7000 - 05. Any changes made after that snapshot date could potentially reduce, but could not increase, an applicant's points. See Omnibus Order, __ FCC Rcd at ___ (� 3). Id. at � 5. See 47 C.F.R. � 73.7004; Omnibus Order at � 202. See Omnibus Order at �� 202-03; 47 C.F.R. �� 0.61(h), 0.283. See Omnibus Order at �� 44-45. See 47 C.F.R. 73.7003(b)(2). See Reexamination of Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5094-95 (2001) (``NCE MO&O''). Id. See UMass Point Supplement, Exhibit E-2, p. 3. Id. at Exhibit E-2,
• http://www.fcc.gov/fcc-bin/audio/DA-07-3969A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3969A1.pdf
  • FCC Rcd at ___ ( � 1). The April Submission is therefore dismissed. Moreover, as discussed in n.15, infra, the arguments therein would not have changed the outcome of this proceeding. See n.1, supra. See 47 C.F.R. �� 73.7000 - 05. See Omnibus Order, __ FCC Rcd at ___ (� 3). Id. Id. at � 5. See 47 C.F.R. � 73.7004; Omnibus Order at � 202. See Omnibus Order at �� 202-03; 47 C.F.R. �� 0.61(h), 0.283. See Omnibus Order at � 13. See Omnibus Order at � 249. Petition at 3. In its point supplement, filed July 19, 2001, Harris claimed attributable interests in WBAJ(AM), Blythewood, South Carolina, and WSJC(AM), Magee, Mississippi. The Commission subsequently awarded Harris construction permits for
• http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.pdf
  • existing station, KLHT(AM), Honolulu. See Omnibus Order, 22 FCC Rcd at 6133. Specifically, MBC, CCHI, and BBN received five, three, and zero points respectively. See Petition at 2; 47 U.S.C. � 309(a)(1). See Opposition at 1 - 3; 47 C.F.R. � 73.3573(b)(3). MBC's argument for dismissal of CCHI's application is premature and will not be considered. See 47 C.F.R. � 73.7004(a) (petitions lie against tentative selectees only). See Omnibus Order, 22 FCC Rcd at 6125. See Petition at 4 - 8. See 47 C.F.R. � 1.65. Id.; Section 1.65 Amendment Deadline Established for Noncommercial Educational FM and FM Translator Station Applicants, Public Notice, 19 FCC Rcd 24740 (2004) (``Section 1.65 Notice''). See 47 C.F.R. � 1.65. See Section 1.65 Notice, 19
• http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.pdf
  • the Redding, California offices of Jefferson Public Radio. See Omnibus Order, 22 FCC Rcd at 6116-17. See Petition, Ex. 4; Opposition at 2. See Petition at 12, 16. Id. Id. at 12-14, Ex. 2. Id. at 9; File No. BALTTA-20061130ALD (granted Jan. 17, 2007). See Petition at 8-9. See Opposition at 1 (May 14, 2007). See also 47 C.F.R. � 73.7004(c) (denials must be supported by affidavit). See 47 C.F.R. � 73.7000. Note 1 to Section 73.3555 reflects that interests can be direct or indirect. See 47 C.F.R. � 73.3555, n.1. Note 2 sets forth various cognizable interests including those of certain owners, partners, stockholders, officers, directors, and time brokers. Id. at n.2. When the instant application was filed in 1995,
• http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.pdf
  • applicant in this group received points for superior technical parameters because their differences were not decisional under that criterion. Id.; 47 C.F.R. � 73.7003(b)(4). See NCE MO&O, 16 FCC Rcd at 5092 (citing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12590 (1999)). See NCE MO&O, 16 FCC Rcd at 5088. See 47 C.F.R. � 73.7004(f); NCE MO&O, 16 FCC Rcd at 5084 -86 (June 2001 snap shot date used to determine size of population and service level for Section 307(b), but area served, i.e., technical proposal, determined as of an earlier date and may not be amended except for good cause). See 47 C.F.R. � 73.7003(b)(2). According to Harris, the overlap area covers 1.57 square
• http://www.fcc.gov/fcc-bin/audio/DA-08-1372A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1372A1.pdf
  • Inc. and Mr. Howard C. Toole, Letter, 22 FCC Rcd 18600 (MB 2007), petition for recon. pending (``Toole Decision''). Objection at 2. Id. Id. Opposition at 3-4. Memorandum Opinion and Order, 11 FCC Rcd 15464 (1996) (``Greater Muskegon Broadcasters''). Id. at 15472 (emphasis added). See, e.g., 47 U.S.C. � 309(d); 47 C.F.R. �� 1.17, 1.41 - 1.77, 73.3584, 73.3587, 73.5006, 73.7004. See, e.g., 47 C.F.R. �� 1.52, 73.3584(b). Coleman Objection, first unnumbered page. Id., second unnumbered page. Id., second-third unnumbered pages. See 47 U.S.C. � 310(d); Dorothy J. Owens, Debtor-in-Possession, Memorandum Opinion and Order, 5 FCC Rcd 6615 (1990). Cf. Policy Regarding Character Qualifications in Broadcast Licensing, Report, Order and Policy Statement, 102 FCC 2d 1179, 1223-25 (1986) (there should be
• http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.pdf
  • Media Bureau On March 7, 2008, the Bureau issued a public notice identifying 263 groups, all of which contained four or fewer mutually exclusive NCE FM applications. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, DA 08-536 (MB March 7, 2008). Each of the groups analyzed herein was included on that Public Notice. See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
• http://www.fcc.gov/fcc-bin/audio/DA-08-1661A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1661A1.pdf
  • complete record in this proceeding, we will consider the arguments set forth in these filings. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007) (``Comparative Consideration Order''). Id. See 47 C.F.R. �� 73.7000 - 05. See 47 C.F.R. � 73.7004; Comparative Consideration Order, 22 FCC Rcd at 6161 � 202. See Comparative Consideration Order, 22 FCC Rcd at 6154 � 174. See also FCC File No. BPED-19981211MA. Petition to Deny at 2. See id. See also Affidavit of Robert Kelley, President of Sound Broadcasters, Inc. (``Kelley Affidavit''). See Petition to Deny at 3. Id. Sound also argues that: (1) ICR
• http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.pdf
  • of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 14730 (MB 2008) (Groups 501 to 546); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008) (Groups 300 to 448); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008) (Groups 1 to 263). See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
• http://www.fcc.gov/fcc-bin/audio/DA-09-2292A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2292A1.pdf
  • As noted above, in NCE MX Group 202, only SCOCBI claimed that it is eligible for a fair distribution preference. In addition, only SCOCBI asserted that it was entitled to a combined first and second service preference. Based on SCOCBI's submissions and calculations, it appeared to qualify for a dispositive combined first and second NCE-service preference. Accordingly, pursuant to Section 73.7004 of the Commission's Rules (the ``Rules''), we identified SCOCBI as the tentative selectee in NCE MX Group 202. On June 30, 2008, the staff accepted the Application for filing and established a 30-day period for filing petitions to deny. On July 17, 2008, Norman timely filed its Petition. Discussion. Pursuant to the Act, petitions to deny must provide properly supported
• http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.pdf
  • of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 14730 (MB 2008) (Groups 501 to 546); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008) (Groups 300 to 448); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008) (Groups 1 to 263). See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
• http://www.fcc.gov/fcc-bin/audio/DA-09-524A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-524A1.pdf
  • the same 5,000-listener threshold. Each applicant in NCE MX Group 980911 claimed that it is eligible for a fair distribution preference. Only NJPBA, however, asserted that it was entitled to a first service preference. Based on NJPBA's submissions and calculations, it appeared to qualify for a dispositive first-service preference, so no second service analysis was undertaken. Accordingly, pursuant to Section 73.7004 of the Commission's Rules (the ``Rules''), we identified NJPBA as the tentative selectee, in NCE MX Group 980911. On August, 3, 2005, the staff placed the NJPBA application on a Public Notice announcing its acceptance for filing and establishing a 30-day period for filing petitions to deny. On September 1, 2005, WRI timely filed its Petition. Petition to Deny. In
• http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.pdf
  • Mutually Exclusive Applications, Public Notice, DA 08-2259 (MB rel. Oct. 9, 2008) (Groups 501 to 546); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008) (Groups 300 to 448); Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008) (Groups 1 to 263). See 47 C.F.R. � 73.7004(b). The Bureau suspended further processing of several hundred not cut-off new and major change NCE FM applications when the Commission imposed a licensing freeze in 2000. To avoid dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures,
• http://www.fcc.gov/fcc-bin/audio/DA-10-1709A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1709A1.pdf
  • contour encompasses 23,279 people, with first NCE service to 3,237 and second NCE service to 6,762 for an aggregated first and second NCE service of 9,999. Thus, it would provide combined first or second NCE service to at least ten percent of the population within its 60 dBu contour and to more than 2,000 people. See also 47 C.F.R. � 73.7004. At each stage of the Section 307(b) analysis, any applicant that is comparatively disfavored in terms of eligibility or service totals is eliminated. The process ends when the Bureau determines that one applicant is entitled to a preference or that none of the remaining applicants can be selected or eliminated based on a Section 307(b) preference. In the latter case,
• http://www.fcc.gov/fcc-bin/audio/DA-10-491A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-491A1.pdf
  • Inc., Memorandum Opinion and Order, 23 FCC Rcd 578 n.46 (2008). Edward A. Schober, Memorandum Opinion and Order, 23 FCC Rcd 14263, 14265 (2008) (``The Commission, however, has repeatedly held that `an applicant will not be permitted to amend where it did not have the requisite reasonable assurance to begin with. . . .'''). See n.2, supra. 47 C.F.R. � 73.7004(d); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7423-24 (2000). 47 C.F.R. � 73.7002(c). (...continued from previous page) (continued....) Federal Communications Commission DA 10-491 Federal Communications Commission DA 10-491 2 3 4 � � � � � � � �_H _H _H _H � � � � � � F
• http://www.fcc.gov/fcc-bin/audio/DA-10-835A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-835A1.pdf
  • Applications for Permit to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 23 FCC Rcd 10213, 10222 � 35 (MB 2008) (``Fair Distribution Order''). Specifically, OAM's ``fair distribution'' preference is based on the fact that its proposed facilities would provide a first NCE service to 12,771 people. See also 47 C.F.R. 73.2002(b). See 47 C.F.R. � 73.7004. See also Fair Distribution Order, 23 FCC Rcd at 10230 � 72. The Fair Distribution Order further noted that because the Silver Fish Objection did not raise fair distribution claims, it would be held in abeyance for consideration in conjunction with any petitions or objections filed by the petition to deny deadline. See id., 23 FCC Rcd at 10222 �
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  • for CE's Objection, which Regents considers an abusive and disqualifying filing. Regents' argument turns on whether CE ``misrepresented'' its filing as an objection when, in Regents' view, the filing was a ``disguised'' petition to deny. Regents contends that CE impermissibly filed the Objection at a time when such a filing might prejudice the Bureau's comparative analysis, in conflict with Section 73.7004(a) of the Rules which specifies that NCE petitions to deny are to be filed following public notice of a tentative selection. We find that Regents fails to make a prima facie case that abuse by CE or prejudice by the Bureau led to dismissal of Regents' application. Our Rules explicitly permit the filing of informal objections at any time prior
• http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.pdf
  • 17995 � 50 (MB 2008) (``Fair Distribution Order''). Specifically, the CSC Application would provide a new first or second NCE service to 23,413 people whereas the application of Way-FM Media Group, Inc. for a new NCE FM station at Algood, Tennessee (File No. BNPED-20071018DEH) would provide a combined first or second NCE service to 18,297 people. See 47 C.F.R. � 73.7004. See also Fair Distribution Order, 23 FCC Rcd at 18003 � 84. Public Notice at 10. Letter to Catholic Social Club of Putnam County, Tennessee, Inc., Reference 1800B3 (MB Nov. 19, 2010). See 47 C.F.R. � 73.3522(b)(1) (if any fair distribution selectee's application is determined to be unacceptable, ``the application will be returned and the Selectee will be provided one
• http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.txt
  • second sentence to paragraph (a) to read as follows: � 73.3584 Procedure for filing petitions to deny (a) For mutually exclusive applications subject to selection by competitive bidding (non-reserved channels) or fair distribution/point system (reserved channels), petitions to deny may be filed only against the winning bidders or tentative selectee(s), and such petitions will be governed by Sections 73.5006 and 73.7004, respectively. For all other applications the following rules will govern. *** 15. Section 73.3593 is amended by adding a new last sentence to read as follows: � 73.3593 Designation for hearing. If the FCC is unable, in the case of any application for an instrument of authorization, to make the findings specified in � 73.3591(a), it will formally designate the
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  • it is returned to the applicant. The applicant is then given one opportunity to submit a minor curative amendment, provided that the amendment is minor and that the application, as amended, has the same number of points as originally claimed, or more than the points claimed by the next highest applicant. See 47 C.F.R. � 73.3522(b)(1). See 47 C.F.R. � 73.7004. If any applicant previously raised issues against the tentative selectee, it must refile its objections within this thirty (30) day period. (continued...) Federal Communications Commission FCC 06-176 Federal Communications Commission FCC 06-176 � D E - E � � 0 0 D � d �
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  • all petitions to deny and informal objections filed in the 76 proceedings herein ARE DISMISSED WITHOUT PREJUDICE. Any party wishing to pursue matters raised in these filings against any tentative selectee must refile its objections within the thirty (30) day period for petitions to deny, which period will be established by a staff-issued public notice and in accordance with Section 73.7004 of the Commission's Rules. Group 880611. Accordingly, IT IS ORDERED, That the Research Foundation, California State University, Chico, is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Redding, California. We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 880611 and establishing a deadline thirty (30) days
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [873]TEXT [874]PDF 73.7000 Definition of terms (as used in subpart K only). [875]TEXT [876]PDF 73.7001 Services subject to evaluation by point system. [877]TEXT [878]PDF 73.7002 Fair distribution of service on reserved band FM channels. [879]TEXT [880]PDF 73.7003 Point system selection procedures. [881]TEXT [882]PDF 73.7004 Petitions to deny tentative selectee(s). [883]TEXT [884]PDF 73.7005 Holding period. __________________________________________________________________ [885]Skip Bottom FCC Navigation Links and Contact Info [886]FCC Home | [887]Search | [888]RSS | [889]Updates | [890]E-Filing | [891]Initiatives | [892]Consumers | [893]Find People __________________________________________________________________ If you would like more information pertaining to the Media Bureau, please call: (202) 418-7200. __________________________________________________________________ [894]Skip FCC Footer and Contact Info Federal
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [826]TEXT [827]PDF 73.7000 Definition of terms (as used in subpart K only). [828]TEXT [829]PDF 73.7001 Services subject to evaluation by point system. [830]TEXT [831]PDF 73.7002 Fair distribution of service on reserved band FM channels. [832]TEXT [833]PDF 73.7003 Point system selection procedures. [834]TEXT [835]PDF 73.7004 Petitions to deny tentative selectee(s). [836]TEXT [837]PDF 73.7005 Holding period. References 1. http://transition.fcc.gov/fcc-bin/bye?http://www.access.gpo.gov/index.html 2. http://transition.fcc.gov/fcc-bin/bye?http://www.gpoaccess.gov/cfr/index.html 3. http://transition.fcc.gov/fcc-bin/audio/part74rule.html 4. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#AM 5. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#FM 6. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#FMED 7. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#TV 8. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#LPFM 9. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#COMMON 10. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#AUCTION 11. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#CLASSATV 12. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#POINT 13. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.1.htm 14. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.1.pdf 15. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.14.htm 16. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.14.pdf 17. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.21.htm 18. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.21.pdf 19. http://www.fcc.gov/fcc-bin/audio/amclasses.html 20. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.23.htm 21. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.23.pdf 22. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.24.htm 23. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.24.pdf 24. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.25.htm 25.